A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Basic Facts] The “G” written indictment against the victim B is obvious that the victim’s name is a clerical error in the “B”, and thus, it is ex officio corrected.

The representative of the “C” construction company, and the Defendant is a person who actually operates the “D” and the “F” is a person who actually operates the “F.”

Around November 5, 2015, the aggrieved party entered into a license package construction contract with “C” with “F” operated by E to set the construction cost of KRW 3,00,000,000, and paid the said construction cost in full by E as KRW 20,000,000 for the Nam-gu Incheon Metropolitan City H H-gu Parking Lots (hereinafter “H site”). After completing the said construction, the aggrieved party paid the said construction cost in full, around November 6, 2015, KRW 20,000,000,000 on November 26, 2015, and KRW 30,000,000 on December 30, 2015 to E’s account.

On the other hand, upon the request of the Defendant, the Defendant supplied an asphalt at the above H site and issued a tax invoice of KRW 33,000,000 to the “C” in the name of “D” operated by the Defendant on December 25, 2015.

【Criminal Facts】

The Defendant was unable to receive the payment of the existing debt of E, and the victim entered into a contract for construction with E’s “F” operated by E, and was well aware of the fact that the Defendant had already paid the full amount of the construction cost, but was able to infusing the issuance of the tax invoice for the said “C”, thereby deceiving the court as if the Defendant had the right to receive the construction cost from the victim.